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Wrongfully terminated

Discussion in 'Termination: Firing & Resignation' started by dckrtny, Mar 10, 2010.

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  1. dckrtny

    dckrtny Law Topic Starter New Member

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    what if you are drug tested for erratic behavior and you have prescriptin medication that can cause similiar behavior. Employer also knwe of such. But still ordered the test? I believe they went on the judgement of opinion not facts. wouldn't that be lack of doing there jobs, since it is in the medical feild anyway? I definetly would't one of those R.N's taking care of any of my family members.
     
  2. dckrtny

    dckrtny Law Topic Starter New Member

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    After I took the test they wouldn't let me work or drive home. I work 11P.M. -7A.M. But prior to the test let me finish working with residents first. If they where at all worried I was impaired ,would't they not have me around the residents?
     
  3. cbg

    cbg Super Moderator

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    A wrongful termination does not mean that you were fired for something you didn't do; it means you were fired for a reason prohibited by law. What law do you think was violated?
     
  4. army judge

    army judge Super Moderator

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    Perhaps, it was your admitted "erratic behavior" that caused your employer to become alarmed about your work performance?

    What did the drug test reveal?

    Had you been taking non-prescription, illegal drugs?

    If the drug test revealed illegal substances were found in your body, their decision to terminate your employment was based entirely on fact and not conjecture!

    Were you, in fact, terminated?

    What reason were you given for the termination?
     
  5. army judge

    army judge Super Moderator

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    They might have given you the benefit of the doubt, while they observed you performing your assigned duties?
     
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  6. dckrtny

    dckrtny Law Topic Starter New Member

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    I'm not sure what law. all I know is they knew what meds I was on. Being a medical field profesional would't they check the side affects? I do not believe they followed proper procedure. Our policy on this is very vague.They knew before I started rounds they were going to send me for a drug test, my question is if they were so worried about me being under the influence.Why not send me immediatly,or at least remove me from taking care of the residents
     
  7. dckrtny

    dckrtny Law Topic Starter New Member

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    My supervisors did not watch me do my assigned duties, they assumed by what they heard, when returned from lab would not let me work or drive home, but one of the supervisors said in cocky tone,"go find a quiet corner and go back to sleep that's what you were doing anyway". FYI- the one medication I was on mixed w/my prescribed cough medicine could of caused seizures.I didn't know this. now, my supervisors are Registered nurses. What would of happened if I went somewhere and while alone had a seizure and died? would the circumstances been different? yes, I WOULD NOT BE AROUND TO DEFEND MYSELF. As soon as the union pres. and the DONlearned of neg. test results they and everyoneelse treated me like a common drug addict
     
  8. dckrtny

    dckrtny Law Topic Starter New Member

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    No , i was not taking illegal drugs
     
  9. dckrtny

    dckrtny Law Topic Starter New Member

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    I don't know? That is why I'm on this sight , I need help!!!
     
  10. dckrtny

    dckrtny Law Topic Starter New Member

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    I was suspended for 15 days, ordered return to work test and complete drug and alcohol evaluation. I was terminated for a no call no show.
    There were reasons beyond my control.
     
  11. army judge

    army judge Super Moderator

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    You should have followed the plan.

    Did you take the test?

    What happened with the drug & alcohol evaluation?
     
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  12. dckrtny

    dckrtny Law Topic Starter New Member

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    I don't think I violated any law
     
  13. cbg

    cbg Super Moderator

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    You don't have to have violated a law to be legally fired.
     
  14. dckrtny

    dckrtny Law Topic Starter New Member

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    I tried to complete the program. I was suspended for 15 days.Due tomy scheduled vacatiion I was to be suspended Nov.27,28,29 andDEc.1 -13. The last two days would be scheduled after my vacation. So, this technically only gave me like 10 days to get the urine done. I thought ok, no problem.
    The first week I called my D.O.N. and HR to ask if their was a appointed evaluator or treatment provider. I got both departments voicemail and received no response until Friday Dec.4,2009. So ,technically I didn't know who to goto until Dec.4,2009 when my DON finally returned my calls( after I've been calling her ALL WEEK!).

    She explained to me on the phone the days of suspension, informed me of the return to workdrug test, she said in a condesending manner, "You must do this in a timely manner so it didn't restrict my return to work. She told me the lab where previous testing was done. She said to just go there and tell them I needed a return to work drug test. I then asked her what evaluator I should goto. She reccommended someone who works with the county that I was employed. And over the years I heard he was the one everyone went to.
    Needless to say I had les than ten days to get an appointment with such person.
    So, on Monday Dec.7,2009 i called his office. I got his answering service,not a machine a live person I spoke to.I left a messsage for him to return call I needed to make an appointment for treatment.Well , he didn't call me back on Tuesday. I called wednesday numerous times left same message with same women. No return call tuesday. I called wednesday several times, no call back wednesday. I called again on Wednesday, still no call back. by this time I was geting frantic .i had to be at least enrolled in a program and have another drug screening done. So, on Thursday I called again and stressed how important this was to me and my job. After waiting around all morning ,no return call. I tried calling my work. the DON or HR where not at there desks and their mailboxes full. So, I decided to call the lab where I was taken for the first test. When I told them I needed a return to work urinalysis they told me and I quote " I don't think we do that here?". I said you most certainly do, I was just there!!
    To make another issue they told me I needed a perscription from treatment provider.
    Needlesss to say continued calling and leaving messages, still no reply.It wa know Thursday afternoon when DON returned my call. I explained to her , I needed aprescription to get drug test but I could not get in touch with the evaluator she suggested.She said very nastily to me," This is the employees responsibility and I was to look in my insurance provider book and pick another person to call. Know mind you this is Thursday Dec.10,2009 close to three 0'clock.
    Friday Dec. 11,2009, tried calling the evaluator again, still no call back. I spoke with DON again and she said I could call my family Dr. and go there. This was Friday afternoon when I called my family dr. He of coarse said he would do it. He told me to come first thing the following Monday morning.This date was Dec.14,2009, mind you I had to have results of test now but Tuesday Dec.15,2009 before I returned to work that night at 11:00 pm.To make matters worse, it snowed Monday Morning Dec.14, I had no 4-wheel drive and my daughter had a 2 hour delay.So, my Dr.cancelled his appointments until Tuesday Dec.15,2009. I still didn't have a treatment set up,every evaluator I called ,no callback.
    I was told not to return to work until I had a treatment or at least an apointment with someone set up, and have them call DON and verify. I called DON and HR ,evaluators leaving messages all day. I basically was at my wits end. Not only was in the most trouble I have ever been in my life, my employer of 18 years didn't help me I was blown away and felt hopeless.
    Well, on dec.16,2009 I started my vacation. So, know that I felt like I was being totally blown off by everyone
     
  15. dckrtny

    dckrtny Law Topic Starter New Member

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    I then tried to call HR and DON, answering machine and boxes were full. Didn't they take into concideration that Christmas wasa week and 1/2 away. I haven't worked since Nov.26,2009. I was trying for how many days , know I had nine days to get ready for Christmas and I was on vacation. So , I did not goto work when I was suppose to return on the 15th of Dec.2009. I called and tried to leave message with DON ,HR same thing voicemail ful or away from their desks. I figured my supervisors wouldd know I wasn't going to work. They knew I did not have requirements completed ,I left messages with day shift and 3-11. Not my fault if they were not relayed. this is how I got a no call no show.
     
  16. army judge

    army judge Super Moderator

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    That was very sad.

    I am so sorry they did you that way.

    People can be so cruel when they have power over the lives of others.

    They just don't care, until they have a problem.
     
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  17. dckrtny

    dckrtny Law Topic Starter New Member

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    Dec.19.2009 is when My union president contacted me. And told me I was suppose to call him and he was waiting for me to call.( He was waiting for me) who 's the union president. I never had to utilize the union before I wasn't sure how things were done.I'm sure he wouldn't of called back either. I informed him about the evaluator and he couldn't believe it. He said he was easy to get a hold of I said " OK ,why don't you call him. A few minutes later he called me back and said he got a hold of him, I said okay did you tell him who you were and tell him to call me he said Yeah,yeah. A few minutes later , I thought I bet he didn't talk to the Dr. he probably got the answering service. Sure enough when I called the union president back immediatly . I asked him if he spoke to the dr. or did he talk to the answering service? He said the answering service.( just as I thought) .
     
  18. army judge

    army judge Super Moderator

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    yes, I think they set you up.

    The union, management, supervision were out to get you.

    I wonder why?

    Why did they want to take you down?

    Did they do it for fun, sport, because they have power, why?

    Had you made enemies of them?

    Did they think you knew something about poor patient care or deaths of patients?

    They did this for a reason.

    This was no accident.

    They even got the physician's and drug test clinics to work with them on this evil plan.

    These people must be very powerful and corrupt.
     
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  19. dckrtny

    dckrtny Law Topic Starter New Member

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    I felt they took the drug test without resonable cause. They knew the list of meds an

    I felt they took the drug test without resonable cause. They knew the list of prescription pain meds over the counter flue medicine and prescription cough medicine because I was sick.At this time I still did not have things done. and I felt I was on vacation. On Dec.19.2009 the union president called again and stressed I get to a evaluatiion and how they can't prevent me from getting fired if I'm not in a program. Afterwards I thought , isn't that admitting I'm guilty ? I was not guilty . I may have been guilty for loosing asome weight that people actually noticed my weight loss. and automatically spread rumors that I had to be doing something. Yeah , I was , working full-time, taking care of my family everyday before and afterwork in the morning,walking my 4 dogs (who knows how many times a day), Taking care of my 2 horses which I just moved from a full board facility to me taking careof them between everything else throughout the day. So , yeah add a few dexatrim in there hell yeah, I needed to stay awake for more than 4 hours a day and It couldn't hurt to loose a few pounds. Maybe from all the different meds plus the dexatrimand probably my metabolism changing do to it all- I suppose I could of had a false positive for amphetamines
     
  20. dckrtny

    dckrtny Law Topic Starter New Member

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    What should I do?
     

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